President Trump has reversed himself on one key campaign promise on immigration — and kept another.
The Department of Homeland Security says it will preserve, for now, an Obama administration program known as Deferred Action for Childhood Arrivals, or DACA. It's the most explicit statement yet that the Trump administration will not seek to deport the so-called "Dreamers" who were brought to the U.S. illegally as children.

Tom Perez, the new DNC chair who was Obama’s labor secretary from 2013 to 2017, ripped into Trump on April 20 over a USA Today report about the deportation of a man who reportedly should have been shielded from deportation by the Deferred Action for Childhood Arrivals (DACA) program. But immigration lawyers who spoke to The Daily Beast said the deportation at issue probably would have played out the same way if Barack Obama were president—and that Democratic political operatives, including Perez, were silent when DACA recipients were deported under his administration.

[Obama] acknowledged that his Administration was, in fact, arresting and deporting these young people and shockingly told a high school honors student facing deportation that if she had a problem with it, she could call her Congressman. This was an opportunity for leadership, not a time to play hot potato.

Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.

With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."

What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.

I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.

"Earlier today, the new White House Chief of Staff offered a hint of what the Trump administration has planned for thousands of immigrants who now have temporary legal status. Reince Priebus told Fox News this morning that the Trump administration would work with House and Senate leaders to find a long-term solution for immigrants who now have temporary legal status under the so-called Deferred Action for Childhood Arrivals known as DACA."

Last night Donald Trump softened his stance on deporting undocumented DREAMers befitting from DACA in an answer to a question by West Point graduate Captain Sue Fulton. She asked Trump his opinion on whether an undocumented person who wishes to serve in the armed forces deserves to stay in this country legally.

Trump responded that he would “absolutely hold those people,” remarking that “The military is a very special thing,” and that “If they plan on serving, if they get in, I would absolutely hold those people. We have to be very careful. We have to vet very carefully. Everybody would agree with that. But the answer is it would be a very special circumstance, yes.”

Matthew L. Kolken is a trial lawyer with experience in all aspects of United States Immigration Law – including deportation defense before Immigration Courts throughout the United States, appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York, the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and has been a member of the American Immigration Lawyers Association (AILA) since 1997.